Defense of Marriage Act (DOMA)

Marriage has been viewed and defined as a social bond and contract between a man and a woman. In the U.S., the traditional heterosexual marriage and family—composed of a man, a woman, and their children—are the basis of society. In the past, while gay people may have entered into long-term relationships, they rarely attempted to marry. More recently, however, the gay rights movement has argued that homosexual couples are entitled to the same rights as heterosexuals, including the benefits that accompany marriage.

DOMA, which defines marriage as between a man and a woman, grants federal benefits only to heterosexual spouses and enables states to refuse to recognize same-sex marriages performed in other states. DOMA stated that no state was obligated to accept another state's definition of marriage. The House Judiciary Committee June 12 approved the Defense of Marriage Act, a bill which would let states choose to deny recognition to same-sex marriages that had been performed in other states (Facts on File, 2011). The bill would also deny federal rights to same-sex spouses, including the right to file joint tax returns. The White House said that President Clinton would sign the bill if it cleared Congress in its present form.

A 1993 opinion by Hawaii's Supreme Court held that by forbidding same-sex marriage, Hawaii had violated its constitutional ban on gender bias. The court ruling had galvanized conservatives as well as homosexual-rights advocates; both sides anticipated that Hawaii would soon legalize same-sex marriage (Perkins, 46). The U.S. Constitution required that states give "full faith and credit" to each others' public acts and records, including marriages. A same-sex marriage performed in Hawaii would therefore be valid in any other state. Eight states reportedly had already passed laws to deny recognition of other states' same-sex marriages. Many members of Congress feared that gay couples would travel to Hawaii, get married, and then return to their home ...